Bombay High Court Grants Bail To Murder Accused Who Wasn't Produced Before Trial Court On 70 Previous Dates, Calls It Prosecution's Failure

The Bombay High Court recently granted bail to a murder accused after he was not produced before the trial court on 70 occasions, despite notices from the trial court.

Justice SG Mehare of the Aurangabad bench observed that although the charges are serious, the non-production of the accused before the trial court entitled him to bail.

“Though the prosecution is opposing the application on the ground that the offence is serious, it has no explanation for his non-production of the accused before the Court for 70 dates. It is a sheer failure of the prosecution to produce the accused before the Court for framing the charge and progress of the trial”, the court observed.

The applicant Gaurav Bandu Patil is facing charges under Sections 302, 307, 323, 324, 504, 506, 427, 452, 352 r/w 34 of the IPC and Sections 4/25 of the Arms Act.

Patil was booked along with his brother in 2020 for allegedly murdering their uncle during a family quarrel. While his brother secured bail, the Sessions Court, Jalgaon rejected Patil's bail application. Thus, he filed the present bail application before the high court.

The accused was not produced before the trial court for three years from March 2021 to February 2024 by the Jalgaon jail authorities despite notices from the trial court on various occasions in 2022. He sought bail on grounds of non-production. Despite having been arrested on May 22, 2020, charges were framed against him almost four years later on February 22, 2024, he submitted.

The court noted that while the accused had been shifted to Nashik Jail during COVID-19, he was later returned to Jalgaon prison. Still, he was not produced before the Jalgaon Court.

“A picture was created that the accused was shifted to Nashik Jail. However, report of the Superintendent, District Prison, Jalgaon show that due to Covid, the applicant was shifted to the Nashik Jail to avoid overcrowding. However, on 22.11.2022, he was again shifted to Jalgaon prison”, the court observed.

Highlighting the prosecution's failure to provide a satisfactory explanation for the repeated non-production of the accused, the court emphasized the principle that bail could be granted in cases where the trial is prolonged without fault on the part of the accused and where there is no effective progress.

“Considering the facts and circumstances of the case, this Court is of the view that though the offences are serious, this is a fit case for grant of bail”, the court observed and directed Patil to be released on a personal bond of Rs. 50,000 with one solvent surety of the same amount.

Additionally, the court imposed several conditions, including a direction to refrain from staying in his village or entering his village without the trial court's permission until the conclusion of the trial.

Advocate Salunke Sudarshan J represented the accused while APP ML Sangit represented the State.

Order to be added shortly.